Calcutta Dock Labour Board v. Kasi Behera @ Bera

IN THE HIGH COURT OF ORISSA AT CUTTACK

RVWPET No.23 of 2022 Calcutta Dock Labour Board, Kolkata and others ....

Petitioners Mr. Samarendra Bahadur, Advocate -versusKasi Behera @ Bera and another ....

Opposite Parties Mr. Karmain Sattar, Advocate

CORAM:

THE CHIEF JUSTICE JUSTICE B.P. ROUTRAY

ORDER

20.10.2022 I. A. No.31 of 2022 Order No.

01.

1. For the reasons stated, the delay of 77 days in filing the review petition is condoned. The application is allowed. RVWPET No.23 of 2022

2. In the present petition, the Petitioners have prayed for a review of the order dated 30th October, 2021 passed by this Court in W.A. No.111 of 2019.

3. Learned counsel appearing for the Opposite Parties confirms that earlier a contempt case being CONTC No.6964 of 2021 had been filed, which was disposed of by the learned Single Judge on 3rd December, 2021 giving the Appellants/Review Petitioners three months' time to implement the order dated 21st December, 2018 of the learned Single Judge in W.P.(C) No.17280 of 2010 against which the writ appeal was filed. It appears that thereafter

a second contempt case being CONTC No.5362 of 2022 has been filed.

4. This Court had in its order dated 30th October, 2021 proceeded on the basis that the Respondents/Opposite Parties had not filed any contempt petition, which obviously was incorrect.

5. On that ground, the order dated 30th October, 2021 is hereby recalled and W.A. No.111 of 2019 is restored to the file of the Division Bench for being disposed of on merits. The said writ appeal will now be listed before the roster Division Bench on 14th November, 2022, on which date both the parties will appear.

6. The review petition is accordingly disposed of. (Dr. S. Muralidhar) Chief Justice (B.P. Routray) Judge M. Panda